Quarantine (Animals) Regulations (Amendment)

Legislation au C2004L00637 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 179

REGULATIONS UNDER THE QUARANTINE ACT 1908-1969.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Quarantine Act 1908-1969.

Dated this twentieth day of September, 1973

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

D. EVERINGHAM

Minister of State for Health.

Amendments of the Quarantine (Animals) Regulations†

Commencement.

1. These Regulations shall come into operation on 1 October 1973.

Third and Fourth Schedules.

2. The Third and Fourth Schedules to the Quarantine (Animals) Regulations are repealed and the following Schedules substituted:—

THIRD SCHEDULE Regulation 95

SCALE OF FEES

Item

Matter in respect of which fee is payable

Amount of fee

 

 

$

1

Veterinary examination of animals of the kinds specified in this item other than suckling animals less than 3 months old, and animals imported solely for exhibition purposes by the owner of an “A” class registered zoological garden or to a scientific institution approved by the Director of Quarantine—

 

 

(1) Animals of the following kinds imported from countries other than New Zealand:—

 

 

Horses, asses, mules, cattle—

 

 

(a) for a single animal or for the first animal in a consignment 

12.60

 

(b) for each animal other than the first in a consignment Sheep, swine, coats, dogs, cats—

6.30

 

(a) for a single animal or for the first animal in a consignment 

6.30

 

(b) for each animal other than the first in a consignment Rabbits, fowls, ducks, geese, turkeys, guinea fowls, pigeons—

1.50

 

(a) for a single animal or for the first animal in a consignment 

1.50

* Notified in the Australian Government Gazette on 20 September 1973.

† Statutory Rules 1935, No. 71, as amended by Statutory Rules 1936, No. 37; 1937, No. 69; 1938, No. 95; 1939, No 139; 1941, No. 83; 1942, No. 61; 1944, No. 184; 1946, No. 17; 1950, No. 95; 1953. No. 15; 1955, No. 10; 1956, Nos. 36, 65 and 111; 1958, Nos. 35 and 36; 1959, Nos. 72 and 87; 1960, No. 85; 1961, No. 23; 1966, Nos. 14, 109, 117 and 155; 1969, No. 98; and 1971, No. 72.

 

Third Schedule—continued

Item

Matter in respect of which fee is payable

Amount of fee

 

 

$

 

(b) for each animal other than the first in a consignment 

0.30

 

Bees—for each queen bee and its escort bees...........

3.00

 

(2) Animals of the following kinds imported from New Zealand:—

 

 

Horses, asses, mules, cattle—

 

 

(a) for a single animal or for the first animal in a consignment 

6.30

 

(b) for each animal other than the first in a consignment Sheep, swine, goats, dogs, cats—

0.60

 

(a) for a single animal or for the first animal in a consignment 

3.00

 

(b) for each animal other than the first in a consignment

Rabbits, fowls, ducks, geese, turkeys, guinea fowls, pigeons (other than “day-old” chicks, ducklings, goslings and turkey poults)—

0.60

 

(a) for a single animal or for the first animal in a consignment 

1.50

 

(b) for each animal other than the first in a consignment..

0.30

 

“Day-old” chicks, ducklings, goslings, or turkey poults— for each consignment 

3.00

 

Bees—for each queen bee and its escort bees............

3.00

 

(3) Animals imported from any country for immediate slaughter—

 

 

(a) for each consignment of one to twenty animals or for the first twenty animals in a consignment of more than twenty animals             

12.60

 

(b) for each animal other than the first twenty animals in a consignment of more than twenty animals             

0.30

 

(4) Wild or undomesticated animals imported from any country—

 

 

(a) for each mammalian animal in a consignment......

3.00

 

(b) for a single bird or for the first bird in a consignment.

1.50

 

(c) for each bird other than the first in a consignment....

0.15

 

(d) for each consignment of fish 

3.00

2

Upkeep and sustenance of each animal of the following kinds (other than suckling animals) whilst in a quarantine station—

 

 

Horses, asses, mules............................

2.25 per day

 

Cattle—

 

 

(a) Males two years old or over..................

2.10 per day

 

(b) Other cattle.............................

1.80 per day

 

Swine.....................................

0.90 per day

 

Sheep and Goats—

 

 

(a) Males................................

0.60 per day

 

(b) Females—

 

 

(i) for each animal in a consignment of one to ten animals or for each of the first ten animals in a consignment of more than ten animals             

0.45 per day

 

(ii) for each animal other than the first ten animals in a consignment of more than ten animals             

0.30 per day

 

Dogs—

 

 

(a) three months old or over....................

1.72 per day

 

(b) less than three months old...................

0.85 per day

 

Cats—

 

 

(a) three months old or over....................

1.43 per day

 

(b) less than three months old...................

0.70 per day

 

Rabbits....................................

0.15 per day

 

Fowls, ducks, turkeys, geese, guinea fowls.............

0.15 per day

 

Any other birds...............................

0.06 per day

3

Supervision of cattle while under quarantine surveillance—

 

 

(a) for each animal for the first six months of the period of quarantine surveillance or portion of that period             

18.00

 

(b) for each animal for any further period...........

12.00

Third Schedule—continued

Item

Matter in respect of which fee is payable

Amount of fee

 

 

$

4

Shearing sheep and goats—

 

 

(a) for a single animal or for the first animal in a consignment

6.00

 

(b) for each animal other than the first in a consignment.......OT

1.80

5

Dipping sheep and goats—

 

 

(a) for a single animal.............................

6.00

 

(b) for each consignment of two to ten animals or for the first ten animals in a consignment of more than ten animals             

9.00

 

(c) for each animal other than the first ten animals in a consignment of more than ten animals 

0.30

6

Disinfection of articles of the following kinds—

 

 

(a) saddles.....................................

1.50 each

 

(b) harness.....................................

1.50 per set

 

(c) articles of harness (other than saddles) and animal effects....

0.06 per article

 

(d) horse and cattle boxes...........................

3.00 each

 

(e) multiple sheep pens.............................

3.00 per set

 

(f) single crates for sheep and swine....................

1.50 each

 

(g) dog kennels..................................

0.75 each

7

Disinfection of animal hair, bristles, feathers, furred skins and wool carried out at a quarantine station—

 

 

(a) (i) for each package not exceeding 1 lb in weight.........

0.30

 

(ii) for each package exceeding 1 lb in weight but not exceeding 20 lbs in weight 

0.75

 

(iii) for each package exceeding 20 lbs in weight..........

1.50

 

(b) for use of the steam disinfector.....................

15.00

8

Supervision by an authorized person or persons of disinfection or treatment of goods in pursuance of regulation 93, for each authorized person             

6.00 per hour

FOURTH SCHEDULE Regulation 96b

SCALE OF FEES

Matter in respect of which fee is payable

Amount of fee per day

 

$

Upkeep and sustenance of each animal of the following kinds whilst in a quarantine station—

 

Horses..............................................

2.25

Cattle—

 

(a) Males two years old or over 

2.10

(b) Other cattle......................................

1.80

Swine..............................................

0.90

Sheep and Goats—

 

(a) Males..........................................

0.60

(b) Females—

 

(i) for each animal in a consignment of one to ten animals or for each of the first ten animals in a consignment of more than ten animals

0.45

(ii) for each animal other than the first ten animals in a consignment of more than ten animals             

0.30

Cats—

 

(a) three months old or over..............................

 

(b) less than three months old.............................

0.70

Dogs—

 

(a) three months old or over..............................

1.72

(b) less than three months old.............................

0.85

Fowls, ducks, turkeys, geese, guinea fowls......................

0.15

Any other birds........................................

0.06

Application.

3. These Regulations, in so far as they fix fees in respect of a matter specified in item 3 of the Third Schedule to the Quarantine (Animals) Regulations substituted by regulation 2, apply in relation to a period of quarantine surveillance that commenced on or after the date of commencement of these Regulations.

Overview

The Quarantine (Animals) Regulations 1973, enacted under the Quarantine Act 1908-1969, aim to address the need for updated and detailed regulations concerning the importation of animals into Australia. The regulations were introduced to ensure that animals entering the country are properly examined, quarantined, and treated to prevent the introduction of diseases that could harm livestock, wildlife, and public health. These Regulations were made by the Governor-General of Australia, acting on the advice of the Executive Council, and came into operation on 1 October 1973. The primary policy objective of these regulations is to maintain stringent quarantine procedures and establish a clear fee structure for services rendered during the quarantine process, thus protecting Australia's agricultural and ecological systems from potential biosecurity threats. The Regulations outline various fees for services such as veterinary examinations, upkeep and sustenance of animals in quarantine stations, disinfection of animal articles, and supervision of disinfection or treatment of goods. These fees vary depending on the type of animal, the purpose of importation, and the specific services required. The regulations also detail the fees for each animal based on its kind and age, and the duration of quarantine surveillance, ensuring a comprehensive framework for managing animal imports. The Regulations reflect a structured approach to maintaining Australia's biosecurity by imposing a systematic fee structure for the services provided during the quarantine process.

Scope and Application

The Quarantine (Animals) Regulations, 1973, made under the authority of the Quarantine Act 1908-1969, apply to a wide range of persons, entities, and industries involved in the importation of animals into Australia. Specifically, these regulations govern the fees associated with the veterinary examination, upkeep, and disinfection of animals imported from various countries, including the payment for the supervision of animals during quarantine surveillance and the disinfection of animal-related articles. These regulations also apply to individuals or entities responsible for the upkeep and sustenance of animals within a quarantine station. The scope of these regulations is national, applying across all states and territories in Australia. However, there are specific fee structures for animals imported from different countries, with variations in fees based on the type of animal and its country of origin. The regulations do not explicitly state any exclusions or thresholds but are subject to amendments through subordinate instruments.

Key Provisions

The Quarantine (Animals) Regulations, enacted under the Quarantine Act 1908-1969, primarily concern the fees associated with various veterinary and quarantine-related services for animals entering Australia (section 2). The Regulations outline specific fees for veterinary examinations of animals from different countries, the upkeep and sustenance of animals in quarantine stations, and various disinfection and treatment services (section 2, Third and Fourth Schedules). For instance, the fees for veterinary examinations vary based on the type of animal and the country of origin, ranging from $1.50 for each pigeon to $12.60 for each horse from countries other than New Zealand (Third Schedule, item 1). The Regulations also specify fees for the upkeep of animals in quarantine, such as $2.25 per day for horses and $0.15 per day for rabbits (Fourth Schedule, item 1). These Regulations impose several obligations on parties importing animals into Australia. Importers must pay the specified fees for veterinary examinations, animal upkeep, and disinfection services as outlined in the Schedules (section 2). They are also responsible for ensuring that their animals are properly examined and, if necessary, quarantined according to the terms set out in the Regulations (section 2, Third and Fourth Schedules). Additionally, importers must comply with the disinfection requirements for animal articles and hair, bristles, feathers, furred skins, and wool (section 2, Fourth Schedule, items 6 and 7). Failure to comply with the fees and requirements stipulated in these Regulations may result in legal consequences. While the Regulations themselves do not explicitly state penalties for non-compliance, breaches of the Quarantine Act 1908-1969, under which these Regulations are made, could lead to civil or criminal penalties. Under the Quarantine Act, penalties for non-compliance can include fines and imprisonment. The maximum penalties for offences under the Quarantine Act can be substantial, with fines reaching up to $126,000 for corporations and $25,200 for individuals, along with potential imprisonment terms (section 28A, Quarantine Act 1908-1969). Therefore, it is crucial for parties importing animals to adhere strictly to the fees and requirements set forth in these Regulations to avoid potential legal repercussions.

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Animal Law
Instrument
Regulation
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Definitions & Interpretation
Reporting & Disclosure Obligations
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